Fed. R. Evid. 415 — Similar Acts in Civil Cases Involving Sexual Assault or Child Molestation
Plain English
The civil-case extension of Rules 413 and 414. In a civil case based on a party’s alleged sexual assault or child molestation, the court may admit evidence that the party committed any other such act, considered as Rules 413 and 414 provide. The same 15-day disclosure applies—now running between the parties rather than just the prosecutor—and the rule does not limit other rules.
From the Courtroom
This carries the propensity exception into civil litigation—abuse suits, negligent-supervision claims against institutions, and the like. The prior-acts evidence can be case-defining. Because it borrows the standards of Rules 413 and 414, both the Rule 403 screen and the 15-day disclosure apply; build (or attack) the foundation early.
Key Points & Authority
- Civil propensity (415(a)). Evidence of a party’s other sexual assault or child molestation is admissible, considered per Rules 413–414.
- Disclosure (415(b)). At least 15 days before trial (or later for good cause), party-to-party.
- Other rules intact (415(c)). Rule 403 still applies.
Florida Parallel
Florida Parallel: There is no direct Florida Evidence Code counterpart. Florida does not have an equivalent provision admitting other-acts or propensity evidence in civil sexual-misconduct cases; § 90.404(2), Fla. Stat. addresses similar-fact evidence in criminal matters. Cross-reference is text-only for now; live links added in a later interlinking pass.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(a) Permitted Uses. In a civil case involving a claim for relief based on a party’s alleged sexual assault or child molestation, the court may admit evidence that the party committed any other sexual assault or child molestation. The evidence may be considered as provided in Rules 413 and 414.
(b) Disclosure to the Opponent. If a party intends to offer this evidence, the party must disclose it to the party against whom it will be offered, including witnesses’ statements or a summary of the expected testimony. The party must do so at least 15 days before trial or at a later time that the court allows for good cause.
(c) Effect on Other Rules. This rule does not limit the admission or consideration of evidence under any other rule.
Educational reference. Educational summary of the Federal Rules of Evidence, not legal advice.
What this rule means in plain English
The civil-case extension of Rules 413 and 414. In a civil case based on a party’s alleged sexual assault or child molestation, the court may admit evidence that the party committed any other such act, considered as Rules 413 and 414 provide. The same 15-day disclosure applies—now running between the parties rather than just the prosecutor—and the rule does not limit other rules.